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President Donald Trump’s executive order aiming to end birthright citizenship, or jus soli (right of the soil), has encountered legal challenges and created some uncertainty among immigrant families.

The 14th Amendment doesn’t say that everyone born in the U.S. is a citizen. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship.

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Clarifying the 14th Amendment

For nearly 160 years, the 14th Amendment to the U.S. Constitution has been used to guarantee citizenship to anyone born on American soil. However, as part of his broader immigration policy, Trump seeks to deny automatic citizenship to children of migrants who are either undocumented or on temporary visas.

There is an automatic claim that children born of parents temporarily in the country as students or tourists are automatically U.S. citizens.

However, some legal scholars insist they don’t meet the 14th Amendment’s jurisdictional allegiance obligations. And should be subject to the political jurisdiction (and allegiance) of their parents' country. 

The same applies to the children of illegal aliens because children born in the United States to foreign citizens are citizens of their parent’s home country.

Federal law remains ambiguous. For example, U.S. immigration law (8 U.S.C. § 1401) simply repeats the language of the 14th Amendment, including the phrase “subject to the jurisdiction thereof.”

Public Opinion on Birthright Citizenship

Trump’s stance on birthright citizenship has significant public backing. A poll conducted by Emerson College found that 45% of Americans support changing the policy to prevent children of undocumented immigrants from automatically becoming citizens, while 37% oppose the change. Additionally, 19% of respondents were neutral or had no opinion.

The poll also highlights partisan differences. Among Republicans, 69% favor ending birthright citizenship, while only 25% of Democrats and 38% of independents share this view.

How Other Countries Handle Citizenship

Birthright citizenship is relatively rare worldwide. The U.S. is one of about 30 countries—primarily in the Americas—that grant automatic citizenship to anyone born within their borders.

In contrast, many nations in Asia, Europe, and parts of Africa follow the principle of jus sanguinis (right of blood), where citizenship is inherited from one’s parents rather than determined by birthplace. Some countries adopt a hybrid approach, granting citizenship to children of permanent residents under specific conditions.

Historical Context of Birthright Citizenship

John Skrentny, a sociology professor at the University of California, San Diego, explains that while birthright citizenship is common in the Americas, "each nation-state had its own unique road to it." He notes that, in the U.S., the 14th Amendment was designed to clarify the legal status of freed slaves.

"For example, some involved slaves and former slaves, some did not. History is complicated," Skrentny says. However, he argues that most countries with birthright citizenship share a common historical thread: "building a nation-state from a former colony."

Trump’s executive order to eliminate birthright citizenship remains a contentious issue, with strong opinions on both sides. As legal challenges unfold, the debate over how citizenship should be determined continues to shape U.S. immigration policy.